Common use of Damage Covered by Insurance Clause in Contracts

Damage Covered by Insurance. If during the Term, the System is wholly or partially destroyed or damaged by an event covered by insurance or required to be covered by insurance under this SLA, the Licensee shall use the proceeds of such insurance to restore the System to its original capacity. If Licensee reasonably determines that it is not economically feasible to restore the System after such loss event, Licensee shall give the Judicial Council written notice of such determination as soon as practical. In that case, this SLA shall be terminated, and the Judicial Council shall have no obligation to pay Actual Damages except as provided immediately below. Upon receipt of such notice of election by Licensee to terminate this SLA and abandon the System, the Judicial Council shall have the option to take title to the System at no cost. In such event, the insurance proceeds shall be paid in the following order of priority: First, to pay for the reasonable costs to remove the damaged System and restore the Licensed Area to its original condition as of the Effective Date save for normal wear and tear, as provided in section 11.1. If the insurance proceeds are insufficient, or there are no insurance proceeds as provided in this SLA to cover the costs to restore the Licensed Area, Licensee shall be responsible for removing the System and restoring the Licensed Area at Licensee’s sole cost to its original condition as of the Effective Date save for normal wear and tear, as provided in section 11.1. Second, to Licensee, the amount equal to Actual Damages as of the date immediately preceding the casualty event minus the amount paid to remove the System pursuant to section 11.1. Third, any remaining insurance proceeds shall be distributed fifty percent (50%) to Licensee and fifty percent (50%) to the Judicial Council.

Damage Covered by Insurance. If during the Term, the System is wholly or partially destroyed or damaged by an event covered by insurance or required to be covered by insurance under this SLA, the Licensee LICENSEE shall use the proceeds of such insurance to restore the System to its original capacity. If Licensee LICENSEE‌ reasonably determines that it is not economically feasible to restore the System after such loss event, Licensee LICENSEE shall give the Judicial Council DGS and HOST written notice of such determination as soon as practical. In that case, this SLA shall be terminated, terminated and the Judicial Council DGS and HOST shall have no obligation to pay Actual Damages actual damages except as provided immediately below. Upon receipt of such notice of election by Licensee LICENSEE to terminate this SLA and abandon the System, the Judicial Council DGS and HOST shall have the option to take title to the System at no cost. In such event, the insurance proceeds shall be paid in the following order of priority: : 15.7.1 First, to pay for the reasonable costs to remove the damaged System and restore the Licensed Area to its original condition as of the Effective Date save for normal wear and tear, as provided in section Section 11.1. If the insurance proceeds are insufficient, or there are no insurance proceeds as provided in this SLA to cover the costs to restore the Licensed Area, Licensee LICENSEE shall be responsible for removing the System and restoring the Licensed Area at LicenseeLICENSEE’s sole cost to its original condition as of the Effective Date save for normal wear and tear, as provided in section Section 11.1. . 15.7.2 Second, to LicenseeLICENSEE, the amount equal to Actual Damages actual damages as of the date immediately preceding the casualty event minus the amount paid to remove the System pursuant to section Section 11.1. . 15.7.3 Third, any remaining insurance proceeds shall be distributed fifty percent (50%) % to Licensee LICENSEE and fifty percent (50%) % to the Judicial CouncilHOST.

Damage Covered by Insurance. If during the Term, the System is wholly or partially destroyed or damaged by an event covered by insurance or required to be covered by insurance under this SLA, the Licensee shall use the proceeds of such insurance to restore the System to its original capacity. If Licensee reasonably determines that it is not economically feasible to restore the System after such loss event, Licensee shall give the Judicial Council written notice of such determination as soon as practical. In that case, this SLA shall be terminated, and the Judicial Council shall have no obligation to pay Actual Damages except as provided immediately below. Upon receipt of such notice of election by Licensee to terminate this SLA and abandon the System, the Judicial Council shall have the option to take title to the System at no cost. In such event, the insurance proceeds shall be paid in the following order of priority: 45 15.8.1 First, to pay for the reasonable costs to remove the damaged System and restore the Licensed Area to its original condition as of the Effective Date save for normal wear and tear, as provided in section 11.1. If the insurance proceeds are insufficient, or there are no insurance proceeds as provided in this SLA to cover the costs to restore the Licensed Area, Licensee shall be responsible for removing the System and restoring the Licensed Area at Licensee’s sole cost to its original condition as of the Effective Date save for normal wear and tear, as provided in section 11.1. 45 15.8.2 Second, to Licensee, the amount equal to Actual Damages as of the date immediately preceding the casualty event minus the amount paid to remove the System pursuant to section 11.1. 46 15.8.3 Third, any remaining insurance proceeds shall be distributed fifty percent (50%) to Licensee and fifty percent (50%) to the Judicial Council.. 46

Damage Covered by Insurance. If during the Term, the System is wholly or partially destroyed or damaged by an event covered by insurance or required to be covered by insurance under this SLA, the Licensee shall use the proceeds of such insurance to restore the System to its original capacity. If Licensee reasonably determines that it is not economically feasible to restore the System after such loss event, Licensee shall give the Judicial Council written notice of such determination as soon as practical. In that case, this SLA shall be terminated, and the Judicial Council shall have no obligation to pay Actual Damages except as provided immediately below. Upon receipt of such notice of election by Licensee to terminate this SLA and abandon the System, the Judicial Council shall have the option to take title to the System at no cost. In such event, the insurance proceeds shall be paid in the following order of priority: : 15.8.1. First, to pay for the reasonable costs to remove the damaged System and restore the Licensed Area to its original condition as of the Effective Date save for normal wear and tear, as provided in section 11.1. If the insurance proceeds are insufficient, or there are no insurance proceeds as provided in this SLA to cover the costs to restore the Licensed Area, Licensee shall be responsible for removing the System and restoring the Licensed Area at Licensee’s sole cost to its original condition as of the Effective Date save for normal wear and tear, as provided in section 11.1. 15.8.2. Second, to Licensee, the amount equal to Actual Damages as of the date immediately preceding the casualty event minus the amount paid to remove the System pursuant to section 11.1. 15.8.3. Third, any remaining insurance proceeds shall be distributed fifty percent (50%) to Licensee and fifty percent (50%) to the Judicial Council.

Damage Covered by Insurance. If during the Term, the System is wholly or partially destroyed or damaged by an event covered by insurance or required to be covered by insurance under this SLA, the Licensee shall use the proceeds of such insurance to restore the System to its original capacity. If Licensee reasonably determines that it is not economically feasible to restore the System after such loss event, Licensee shall give the Judicial Council written notice of such determination as soon as practical. In that case, this SLA shall be terminated, and the Judicial Council shall have no obligation to pay Actual Damages except as provided immediately below. Upon receipt of such notice of election by Licensee to terminate this SLA and abandon the System, the Judicial Council shall have the option to take title to the System at no cost. In such event, the insurance proceeds shall be paid in the following order of priority: priority:‌ 15.8.1 First, to pay for the reasonable costs to remove the damaged System and restore the Licensed Area to its original condition as of the Effective Date save for normal wear and tear, as provided in section 11.1. If the insurance proceeds are insufficient, or there are no insurance proceeds as provided in this SLA to cover the costs to restore the Licensed Area, Licensee shall be responsible for removing the System and restoring the Licensed Area at Licensee’s sole cost to its original condition as of the Effective Date save for normal wear and tear, as provided in section 11.1. . 15.8.2 Second, to Licensee, the amount equal to Actual Damages as of the date immediately preceding the casualty event minus the amount paid to remove the System pursuant to section 11.1. . 15.8.3 Third, any remaining insurance proceeds shall be distributed fifty percent (50%) to Licensee and fifty percent (50%) to the Judicial Council.